Classification of Сriminal Procedural Sanctions

Abstract

According to the author of the article scientific classification of criminal procedural norms should be based on general theoretical legal approach. In accordance with the kind of response to the offense violations criminal procedural sanctions should be divided into the following types and subtypes: 1) restoration of rights: 1.1) cancellation or modification of procedural illegal acts; 1.2) enforcement of the obligation; 1.3) refund (compensation) of damages in criminal proceedings (within chapter 9 of Criminal Code of Ukraine); 2) punitive: 2.1) deprivation or restriction of rights of the proceedings; 2.2) impose monetary penalties; 3) the sanction of nullity. According to sectoral affiliation criminal procedural sanctions have been differentiated into:1) criminal-procedural; 2) criminal-legal; 3) administrative; 4) civil legal; 4) disciplinary. The peculiarity of criminal procedure and penal sanctions is the possibility to combine them with the sanctions of the same kind from another branch of law. By the degree of definiteness criminal procedural sanctions have been divided into: 1) absolutely determined; 2) relatively-defined; 3) alternative. The author concludes that relatively- defined and alternative criminal procedural sanctions dominate in the CPC allowing to individualize the limitation of rights of the guilty person. According to the subject of application the sanctions are divided into: 1) sanctions applied by officials who are subjects of criminal procedure relationships, and 2) the sanctions that are applied to other legal entities. The latter group is used outside criminal proceedings.